NEWS RELEASE
The 2008 Legislature recently passed HB0055, Water Well Drilling and Pump Installation Licensure, which requires mandatory licensing of water well drilling contractors and water well pump installation contractors. Enrolled Act No. 58 was signed by Governor Freudenthal on March 12, 2008 and requires licensure of water well contractors (drillers and pump installers) by July 1, 2008. Until the passage of the Act, Wyoming was the only state within the lower 48 that did not require some form of licensure, certification, or registration of water well contractors.
The Act provides a “Grandfather Clause” where any person who has been actively engaged as a water well drilling contractor or a water well pump installation contractor in the state of Wyoming for the five years prior to July 1, 2008, shall be exempt from the examination requirements until June 30, 2009. Satisfactory evidence presented to the Examining Board of Wyoming Water Well Drilling Contractors and Pump Installation Contractors (the board) may include written affidavits from three individuals competent to attest to the applicant's professional work experience.
The Act also provides for reciprocity. If a person holding a license entitling him to drill water wells or install pumping equipment in another state applies for a Wyoming water well drilling contractor's or water well pump installation contractor's license, if the other state offers reciprocity, and if the board determines the standards and requirements of the state in which the applicant is licensed are equal to or exceed the standards or requirements of this act, the board may waive the examination requirements except the applicant shall successfully complete an examination based on Wyoming statutes and rules relating to the drilling of water wells or installation of pump equipment. The applicant shall also pay all applicable fees.
The licensure requirements do not apply to any person:
- drilling an oil or gas well or installing a pump in an oil or gas well, where the oil or gas well is permitted by the Wyoming Oil and Gas Conservation Commission.
- installing a pump in a well on land owned or leased by him or on which he is employed on a regular basis;
- drilling a well on land owned by him; or
- drilling a monitor well that does not require a permit from the State Engineer.
The Act establishes criteria for licensing and license renewal, continuing education requirements, allows the board to set certain fees, provides for a complaint process to the State Engineer’s Office and for investigation by the board, requires a conspicuous posting of the license at the job site, provides for license revocation or suspension, provides penalties for violations of the Act, and creation of an account in which funds from permit application fees can be deposited and used to operate the board and administer the Act.
If a water well drilling contractor or pump installation contractor is not licensed by June 30, 2009, he shall comply with all the requirements of W.S. 33-42-108, including taking and passing the examination.
The licensing of water well drilling contractors and the licensing of water well pump installation contractors are separate and distinct activities.
Licensing provides the public with a level of protection they don’t currently have from a health and safety perspective. With licensing, water well owners that have experienced poor or inadequate performance by a water well contractor may file a complaint with the licensing board. The board is authorized to suspend or revoke the license of water well contractors that fail to meet established standards of the profession. Additionally, licensing protects the ground water resources of the state and promotes excellence in water well drilling and pump installation practices.
Additional information and application packets can be obtained by contacting the State Engineer’s Office at (307) 777-6163. Information can also be obtained from the SEO’s website at http://seo.state.wy.us/
Affiliate State of National Ground Water Association – Member of the American ground Water Trust
Wyoming Water Well Association’s Official Publication
5947 Road 32, Hawk Springs, WY 82217
March/April 2008 WATER LINE
Dedicated to the efficient development & conservation of ground water in Wyoming!
Licensing Highlights
Wednesday March 12, 2008 at 9:30 A.M. Governor
Dave Freudenthal signed House Bill 0055 making Water Well Contractor and
Pump Installation Contractor Licensing mandatory. The
licensing board will meet to finalize implementation of the licensing bill
tentatively set for April 18.
Lisa Lindemann, Administrator, Ground Water Division,
State Engineer's Office has written the following article concerning the rule
making process of the bill.
Mandatory
Licensing for Water Well Drilling Contractors and
Pump Installation Contractors (Enrolled Act No. 58)
After twenty five years, the State Engineer’s Office was finally successful in having legislation passed that requires mandatory licensing of water well contractors (i.e., well drillers and pump installers). The 2008 Legislature, during a budget session, passed HB0055, Water Well Drilling and Pump Installation Licensure, which was sponsored by the Joint Agriculture, Public Lands and Water Resources Interim Committee. Until now, Wyoming was the only state within the lower 48 that did not require some form of licensure, certification or registration of water well contractors (Alaska requires a business license only).
Why has the agency pursued licensing so hard for so long? Because licensing provides the public with a level of protection they don’t currently have – both from a health and safety perspective and relative to legal contractual obligations. Without licensing, a public unhappy with a water well contractor’s performance was limited to civil recourse – which can be both expensive and time consuming. Additionally, licensing protects the ground water resources of the state and promotes excellence in water well drilling and pump installation practices.
Wyoming has had a voluntary certification program for water well contractors for the last five years. What started out as a drillers’ licensing bill was amended to a voluntary certification bill by the 2003 Legislature. The SEO continued to pursue mandatory licensing because the voluntary certification program was largely unsuccessful, due to 1) poor response because of the “voluntary” nature of the program, 2) fear of regulation when “uncertified” contractors are not subject to the same rules and regulations, and 3) the assumption that there are no real benefits to certification. During the five years that the certification program has been functional, only four contractors have become certified as a well driller and/or pump installer. The licensing bill did pass the 2007 Legislature but the Governor vetoed the final Act due to an inadvertent drafting error that rendered it incapable of accomplishing its intended purpose. A circular construction was created in the Act in which it provided that only “licensed” persons were prohibited from working without a license.
The Act that was signed by the Governor on March 12, 2008 closely resembled the 2007 vetoed Act with a few exceptions. Enrolled Act No. 58 includes:
- An amendment adopted in committee creating a fund
for operation of the Board, using revenues diverted from permitting fees
charged by the State Engineer’s Office. The State Engineer’s Office
is currently promulgating new rules that will allow an increase in permit
application fees up to existing statutory limits. The new rule
will increase fees for domestic and stock well applications from $25.00
to $50.00, and fees for irrigation, municipal, industrial, and miscellaneous
use wells from $50.00 to $100.00. The new rules will also allow
up to $25 from each permit application fee to be collected and deposited
into the Water Well Contractors Account, for wells which require the
use of a licensed well driller. Increasing the permit fees for
wells and depositing up to $25.00 per permit in the Water Well Contractors
Account, will provide the necessary funding needed to operate and manage
the State Board of Examining Water Well Drilling Contractors and Water
Well Pump Installation Contractors, and administer the Act. Please
note: permit application fees are being increased for all types
of wells. The State Engineer’s Office’ fees have not been increased
in 14 years. The fees currently charged by the State Engineer’s
Office are among the lowest, if not the lowest, of our neighboring states. Even
after doubling those fees, Wyoming is still at the bottom of the fee
structure of our neighboring western states.
- An exemption that allows a person to install a pump in a well on land owned or leased by him or on which he is employed on a regular basis without being licensed.
- An exemption that allows a person to drill a well on land owned by him without being licensed.
The Act also includes other major elements:
- Requires licensure of water well contractors (drillers and pump installers) by July 1, 2009.
- Some exemptions from the examination requirements,
including:
- Contractors actively engaged in Wyoming for 5 years (except for payment of fees), i.e., the “grandfather clause”;
- Contractors who became certified under the voluntary program (except for payment of fees),
- Any person drilling an oil or gas well or installing a pump in an oil or gas well that is permitted by the Oil and Gas Conservation Commission.
- Contractors drilling a monitor well that does not require a permit from the State Engineer.
- Establishment of criteria for licensing and license renewal.
- Establishment of continuing education requirements (18 contact hours every three years).
- Allows the examining board to set certain fees, including application, examination, renewal and miscellaneous fees.
- Provides maximum amounts that the board may assess for licensure and renewal fees.
- Provides reciprocity for contractors licensed in other states (the applicant must complete an examination based on Wyoming statutes and rules relating to the drilling or water wells or installation of pump equipment and pay applicable fees).
- Provides for a complaint process to the State Engineer’s office and for investigation by the examining board.
- Requires a conspicuous posting of the license at the job site.
- Provides for license revocation or suspension.
- Provides penalties of not more than $1,000.00 and not more than 6 months imprisonment, or both, for violations of the Act.
- Contains delayed effective/repeal date; provides for a sunset for certain exemptions from licensing and for repeal of certification renewal on July 1, 2009.
- Repeals certain certification requirements July 1, 2009.
This bill would not have been successful without the help, support, and testimony of the State Engineer, Representatives Doug Samuelson, and Dan Zwonitzer, Senators Bill Vasey, Gerald Geis, and Eli Bebout, Scott Blakeley (President, Wyoming Water Well Association), Chuck Wilson (Bronco Drilling), Kurt Price (Price Pump Co.),Mike Havely (John’s Pumps), Steve Barbour (Aqua Pumps), and Linda Hendricks. Many, many thanks to them and everyone else who helped out in the legislative process.
Lisa Lindemann, March 2008
Here is What you Missed at the Annual Wyoming Water Well Convention held in Casper at the Holiday Inn February 13-15!
Thanks go to Executive
director Marti Hubbs for a great convention. I finally got her to
quit scheduling breakfast at 6:00 am! For those that missed the convention
Marti outdone herself. We had 14 outstanding exhibitors, 4 top notch presentations,
fed 75 attendees at the banquet and supported a record auction. Way to
go Marti! Thanks to those who donated, bid and bought items at the
auction. We had a generous year, thank you to all who gave so unselfishly. Jerry
Mitchell you hold the record for the most money spent at the auction! THANK
YOU.
This year’s speakers started off the day Thursday with Dave
Hanson – Design Water Technologies. Mr. Hanson’s presentation was “Understanding
your Well Problems”. Mr. Hanson showed us slides and practical presentations
how more is not always better. Poor water chemistry can pose problems
for water treatment and can also cause issues with mineral deposits plugging
wells.
Marti was able to bring in the 2008 “McEllhiney Distinguished
Lecture” F. Michael Krautkramer a licensed Hydro geologist and Geologist with
35 years experience who resides in Oregon. His presentation was on “Decisions
in the Water Well Industry”.
Mr. John Pitz was on hand from NGWA. John’s bio states
that he holds a masters degree in mechanical engineering from the University
of Notre Dame. His discussion led to the positive values of Association
membership and how important it is to be involved in local, state and national
decisions.
Steve Snook spoke on Electrical Code updates. Mr.
Snook is a licensed Master electrician, an approved electrical instructor,
certified plan reviewer, certified electrical inspector and goose hunter extraordinaire.
Elections were held at the Annual business meeting.
All officers were retained along with Area III Director. and one new director.
President: Scott Blakeley
Vice President: Van David
Secretary/Treasurer: Mike Havely
Area III Director: Don Scogin
Director At Large- John Midkiff
Thank you to Kurt Price for your service to the Association
by serving on the Board of Directors and giving of your time to help us grow.
Recognition awards were given this year to Scott Blakeley-
Outstanding Member of the Year. Casper Well Products was presented with
the Al Eller Award and the Presidents Award was given to Mike Havely. These
awards are for tireless stewardship and activities relating to groundwater
with in the state. All individuals have made a significant impact on the Association.
Congratulations!
Two new members were recognized for joining
the Association, Jeff and Vicki Sherman with Sublette Pump Service out of Pinedale
and Alvin Syrovatka, Torrington. Welcoming new members is always a highlight
and we are pleased to have them on board.
2009’s convention will again be held in Casper. Make
plans now to attend and not miss out on the fun and educational seminars we
have.
Our gracious thanks to our outstanding exhibitors 2M Company Anderson Seismograph Bit Service Baroid Industrial Drilling Products Casper Well Products CPS Distributors Energy Laboratories Franklin Electric H20ptimal, Inc JM Eagle/Dillon Co Pipe Plus Co Inc TIMCO Services & Supply Tru-Tech Products Western Hydro Corp Wyoming Analytical Labs